1. www.HumanityMall.org represents the individual member/user of our services. An individual who signs up with HumanityMall.org becomes a member enters willingly into this agreement. Members may list causes for their own use or select from the Humanity Mall list.
Monies are earned by members and are credited to HM, then to members’ accounts, and 20% of their earned monies are disbursed from their HumanityMall.org accounts to their selected cause(s). HumanityMall.org is providing a service to its members & to their causes on their behalf. Any taxes on this are the responsibility of the member.
Members must successfully log in prior to utilizing this site and its services in order to receive credit.
2. The member(s) understand that HumanityMall.org uses its best efforts to present various online merchants to the member(s), and enables the member(s) to generate commissions specified on the HumanityMall.org site on purchases from the HumaityMall.org affiliates to HM & the member’s account, for later disbursements % to the member’s selected cause(s). (HumanityMall.org affiliates are defined as vedors currently participating as vendors within the Mall at www.HumanityMall.org). A HumanityMall.org member understands that to earn cash back on purchases, the member must start their shopping at the Mall at www.HumanityMall.org. The member also understands that HumanityMall.org may seek to find paying advertisers who wish to reach the member(s) for the purpose of showing the member ads or selling merchandise.
Advertisers may use HumanityMall.org as an agent to forward donations to HumanityMall.org cause(s). HumanityMall.org makes no representations as to its success or failure in these endeavors.
3. HumanityMall.org is commissioned by the member(s); the terms of the commission may change upon thirty days without prior notice to the member. This agreement is cancelable upon 30 days notice by either party. You must remain a member (which includes providing us a valid email address at which we’re allowed to contact you) for at least three months after signing up for a sign up bonus (if any) to be paid to your selected cause.
4. HumanityMall.org will not disclose or sell identifiable information regarding its members to any third party (this does not include the cause(s) chosen by the member) without the member’s explicit permission, except as may be required by law or action of a court of competent jurisdiction. A member may choose to be anonymous and not allow HumanityMall.org to inform a member’s chosen cause(s) of the member’s participation in HumanityMall.org.
5.Notice to members may be made by posting information on the HumanityMall.org Website or via email. Members may give notice to HumaniyMall.org by opening a ticket at support@HumanityMall.org.
6. HumanityMall.org reserves the right to refuse any membership, vendor, advertiser, advertisements, or recipient organizations.
7. HumanityMall.org or an advertiser may limit the number of ads a member may get for viewing during any given time period. This limit may change without prior notice.
8. Member understands that the economic basis of HumanityMall.org is delivering real transactions, and/or real persons viewing real ads to advertisers. Any action by the member that undermines that basis may disqualify the member and his or her viewing activity. All of a member’s earnings or rebates may be disqualified, at the sole discretion of HumanityMall.org, if the member attempts (1) to use HumanityMall.org through any means other than through participating sign-up pages; (2) to disrupt or circumvent the terms and conditions of this Agreement; (3) to use automated means to create entriesregistrations; (4) register on behalf of another person; (5) provide false or unverifiable information to HumanityMall.org; (6) sign up multiple times; or (7) use software that redirects credit for transactions away from HumanityMall.org. And, if any of the above or other attempts to defraud advertisers or HumanityMall.org occur, HumanityMall.org reserves the right to remedy any such action, disruption or circumvention in a manner, determined solely by HumanityMall.org, that is fair and equitable to other members, advertisers, and causes. HumanityMall.org may not give notice in such an instance. All information posted and received is subject to final audit.
9. Member may take advantage of the Mall at HumanityMall.org Member understands that HumanityMall.org will use its best efforts to collect cash bach from HumanityMall.org’s vendors, and remit any and all proceeds resulting from the member’s activities. Payment to the selected cause or to the member is contingent on receipt of payment from the vendors.
10. A HumanityMall.org member must be at least 13 years old.
11. Active Member Being an active HumanityMall.org member is important, because that generates the revenues that allow us to operate, funnel money to our members & their causes. HumanityMall.org defines an active member as a member who a) visits the HumanityMall.org website (Home page) at least twice a month (in two different weeks), and/or b) has made a purchase from a HumaniyMall.org vendor at least once in the last 60 days. A member must remain active for at least three months after his or her initial registration.
License and Updates HumaniyMall.org grants you a non-exclusive license to install and use our software solely for personal use and only for the purpose of accessing HumanityMall.org services. HumanityMall.org and its licensors, suppliers reserve the right to add additional features or functions to our software at any time, without asking your approval. HumanityMall.org may require the update of our software on your computer when a new version of the software is released or new features are available. This update or new download may occur automatically when you use HumanityMall.org services. Your continued use of the software will constitute consent to any revised terms listed in this document. HumanityMall.org is under no obligation to support the software. HumanityMall.org may at any time suspend or terminate this license and disable the software.
Restrictions You may not reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code of the HumanityMall.org software for any reason. You may not modify the software in any way. You may not rent, sell, lease, sublicense, distribute, assign, copy (other than a single copy for your own backup purposes), or in any way transfer the software or use the software for the benefit of any third party through any outsourcing or time-sharing arrangement or through the operation of any service bureau. You understand that the software is licensed not sold, the software and all rights not expressly granted herein are reserved to HumanityMall.org and its licensors, suppliers.
Voluntary Use The software automatically tracks your transactions using HumanityMall.org and third party cookies and reports such information to HumanityMall.org and its afiliate partners in order for you to obtain the benefits of HumanityMall.org services. Most afiliate partners have agreed to automatic processing via the software which causes the browser to be redirected through HumanitMall.org’s website and then on to the vendors site to allow affiliate cookies to be stored in the member’s browser for purchase tracking purposes. For affiliate partners which require positive confirmation of the member’s intentions, a drop down offer is presented to the member on the merchant partner site, which when clicked, causes the browser to be redirected through iGive’s web site and then on to the merchant site to allow affiliate cookies to be stored in the member’s browser for purchase tracking purposes. The software also communicates with iGive.com so that iGive.com may obtain certain information regarding your use of the service (such as IP address, type of browser, referring URL, and web pages visited) however such information generally does not include personally identifying information unless you have provided it to HumanityMall.org. Use of such information is subject to the HumanityMall.org0 Privacy Policy. Your use of the HumanityMall.org software and the service is voluntary. You may discontinue use and uninstall the software at any time. You understand that by uninstalling the software you will not be able to use it in conjunction with the HumanityMall.org service.
12. Tax Deductibility HumanityMall.org performs a service for its members, and is not qualified to offer tax advice on the deductibility of any donation made by the member. This service may allow the cash back provided by the vendor to the member to meet the structural qualifications of the IRS code, so that if donor and donee are qualified, the donation may be taken by the member. The cash back (of monies paid by the member to the vendor) provided by the vendor transfers to the control of the member, and the member voluntarily determines whether or not to donate that money, and whether or not to donate it to an organization to which donations are deductible, as defined by the Internal Revenue Service under § 170.
Donations resulting from activities other than purchasing are probably not deductible. ============================== STOP!!! Take a break! ==============================
13. Registration Bonus Any registration bonus and/or any other members’ bonuses are from shopping and other activities. Amounts you earn for your favorite cause from your shopping or other activity at HumaityMall.org will be collected & used for HumanityMall.org operations, members cash back payments & a 20% of earnings sent to your cause akong with any addisional donation a member may choose to add. You must remain an active HimanityMall.org member for at least three months after your initial registration in order for any initial donation or registration bonus to become effective.
14. HumanityMall.org This is a service that rewards shoppers, organization or cause selected by HumanityMall.org &/or by the member. By utilizing the site and service you agree to these terms and conditions.
15. Prohibited Uses and Access Methods The heart and spirit of HumanityMall.org is providing results that may include advertising messages to human beings who have a legitmate need for this service, apart from the desire to earn money for themselves & their cause. You agree that you shall do nothing that shall contravene this heart and spirit.
HumanityMall.org shall determine, in its sole and absolute discretion, uses and access methods it deems to be fraudulent or abusive. HumanityMall.org reserves the right to characterize any usage as fraudulent or abusive retroactively, and to reverse any earnings that result from prohibited activities.
16. Content not provided by HumanityMall.org You should be aware that Content presented to you as part of HumanityMall.org, including but not limited to advertisements and sponsored Content may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to HumanityMall.org (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by HumanityMall.org or by the owners of that Content, in a separate agreement. HumanityMall.org reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. For some of the Services, HumanityMall.org may provide tools to filter out explicit sexual content. In addition, there are commercially available services and software to limit access to material that you may find objectionable. You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk. You agree that you are solely responsible for (and that HumanityMall.org has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which HumanityMall.org may suffer) by doing so.
17. Funds Calculation and Disbursement The amounts members earn for themslves &/or their cause may be posted on the site. This amount will vary from time to time. Funds earned via HumanityMall.org are disbursed in accordance with the policies for funds earned by HumanityMall.org members from their shopping & sharing activities. Those policies are available at HumanityMall.org and may change at any time. However, while a HumanityMall.org member may earn funds from shopping, HumanityMall.org members (individuals) will not earn money from search activities.
18. Cause Listing Requirements Causes available for selection and support via HumanityMall.org are listed by HumanityMall.org members for their own and others’ benefit. Nonprofit organizations listed at HumanityMall.org have been listed by members for their own and other members’ use. A listing at HumanityMall.org is not an endorsement of HumanityMall.org by a nonprofit organization affiliate, nor an endorsement of a nonprofit organization affiliate by HumanityMall.org.
19. Exclusion of warranty Nothing in these terms, including this section, shall exclude or limit humanitmall.Org’s warranty or liability for losses which may not be lawfully excluded or limited by applicable law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.
You expressly understand and agree that your use of the services is at your sole risk and that the services are provided as is and as available.
In particular, himanitymall.Org, its subsidiaries and affiliates, and its licensors do not represent or warrant to you that (a) your use of the services will meet your requirements, (b) your use of the services will be uninterrupted, timely, secure or free from error, (c) any information obtained by you as a result of your use of the services will be accurate or reliable, and (d) that defects in the operation or functionality of any software provided to you as part of the services will be corrected.
Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by you from humanitymall.Org or through or from the services shall create any warranty not expressly stated in the terms.
Humanitymall.Org further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
20. Limitation of liability Subject to overall provision in paragraph titled exclusion of warranty above, you expressly understand and agree that humanitymall.Org, its subsidiaries and affiliates, and its licensors shall not be liable to you for;
(a) any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss;
(b) any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of(I) any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the services; (ii) any changes which humanitymall.Org may make to the services, or for any permanent or temporary cessation in the provision of the services (or any features within the services); (iii) the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the services; (iii) your failure to provide humanitymall.Org with accurate account information; (iv) your failure to keep your password or account details secure and confidential;
The limitations on humanitymall.Org’s liability to you in this section shall apply whether or not humanitymall.Org has been advised of or should have been aware of the possibility of any such losses arising.
21. Miscellaneous Provisions Sometimes when you use HumanityMall.org, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, these Terms do not affect your legal relationship with these other companies or individuals.
The Terms constitute the whole legal agreement between you and HumanityMall.org and govern your use of the Services (but excluding any services which HumanityMall.org may provide to you under a separate written agreement), and completely replace any prior agreements between you and HumanityMall.org in relation to the Services.
You agree that HumanityMall.org may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
You agree that if HumanityMall.org does not exercise or enforce any legal right or remedy which is contained in the Terms (or which HumanityMall.org has the benefit of under any applicable law), this will not be taken to be a formal waiver of HumanitMall.ord’s rights and that those rights or remedies will still be available to HumanityMall.org.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
You acknowledge and agree that each member of the group of companies of which HumanityMall.org is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
The Terms, and your relationship with HumanityMall.org under the Terms, shall be governed by the laws of the State of California without regard to its conflict of laws provisions. You and HumanityMall.org agree to submit to the exclusive jurisdiction of the courts located within the county of Santa Cruz, California to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that HumanityMall.org shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
These Terms of Service, the last major update was on 60716 to provide more information about tracking cookies. A minor update occured on 060716 to change the permission to inform a member’s cause of the member’s participation from opt-in to opt-out.
Monies are earned by members and are credited to HM, then to members’ accounts, and 20% of their earned monies are disbursed from their HumanityMall.org accounts to their selected cause(s). HumanityMall.org is providing a service to its members & to their causes on their behalf. Any taxes on this are the responsibility of the member.
Members must successfully log in prior to utilizing this site and its services in order to receive credit.
2. The member(s) understand that HumanityMall.org uses its best efforts to present various online merchants to the member(s), and enables the member(s) to generate commissions specified on the HumanityMall.org site on purchases from the HumaityMall.org affiliates to HM & the member’s account, for later disbursements % to the member’s selected cause(s). (HumanityMall.org affiliates are defined as vedors currently participating as vendors within the Mall at www.HumanityMall.org). A HumanityMall.org member understands that to earn cash back on purchases, the member must start their shopping at the Mall at www.HumanityMall.org. The member also understands that HumanityMall.org may seek to find paying advertisers who wish to reach the member(s) for the purpose of showing the member ads or selling merchandise.
Advertisers may use HumanityMall.org as an agent to forward donations to HumanityMall.org cause(s). HumanityMall.org makes no representations as to its success or failure in these endeavors.
3. HumanityMall.org is commissioned by the member(s); the terms of the commission may change upon thirty days without prior notice to the member. This agreement is cancelable upon 30 days notice by either party. You must remain a member (which includes providing us a valid email address at which we’re allowed to contact you) for at least three months after signing up for a sign up bonus (if any) to be paid to your selected cause.
4. HumanityMall.org will not disclose or sell identifiable information regarding its members to any third party (this does not include the cause(s) chosen by the member) without the member’s explicit permission, except as may be required by law or action of a court of competent jurisdiction. A member may choose to be anonymous and not allow HumanityMall.org to inform a member’s chosen cause(s) of the member’s participation in HumanityMall.org.
5.Notice to members may be made by posting information on the HumanityMall.org Website or via email. Members may give notice to HumaniyMall.org by opening a ticket at support@HumanityMall.org.
6. HumanityMall.org reserves the right to refuse any membership, vendor, advertiser, advertisements, or recipient organizations.
7. HumanityMall.org or an advertiser may limit the number of ads a member may get for viewing during any given time period. This limit may change without prior notice.
8. Member understands that the economic basis of HumanityMall.org is delivering real transactions, and/or real persons viewing real ads to advertisers. Any action by the member that undermines that basis may disqualify the member and his or her viewing activity. All of a member’s earnings or rebates may be disqualified, at the sole discretion of HumanityMall.org, if the member attempts (1) to use HumanityMall.org through any means other than through participating sign-up pages; (2) to disrupt or circumvent the terms and conditions of this Agreement; (3) to use automated means to create entriesregistrations; (4) register on behalf of another person; (5) provide false or unverifiable information to HumanityMall.org; (6) sign up multiple times; or (7) use software that redirects credit for transactions away from HumanityMall.org. And, if any of the above or other attempts to defraud advertisers or HumanityMall.org occur, HumanityMall.org reserves the right to remedy any such action, disruption or circumvention in a manner, determined solely by HumanityMall.org, that is fair and equitable to other members, advertisers, and causes. HumanityMall.org may not give notice in such an instance. All information posted and received is subject to final audit.
9. Member may take advantage of the Mall at HumanityMall.org Member understands that HumanityMall.org will use its best efforts to collect cash bach from HumanityMall.org’s vendors, and remit any and all proceeds resulting from the member’s activities. Payment to the selected cause or to the member is contingent on receipt of payment from the vendors.
10. A HumanityMall.org member must be at least 13 years old.
11. Active Member Being an active HumanityMall.org member is important, because that generates the revenues that allow us to operate, funnel money to our members & their causes. HumanityMall.org defines an active member as a member who a) visits the HumanityMall.org website (Home page) at least twice a month (in two different weeks), and/or b) has made a purchase from a HumaniyMall.org vendor at least once in the last 60 days. A member must remain active for at least three months after his or her initial registration.
License and Updates HumaniyMall.org grants you a non-exclusive license to install and use our software solely for personal use and only for the purpose of accessing HumanityMall.org services. HumanityMall.org and its licensors, suppliers reserve the right to add additional features or functions to our software at any time, without asking your approval. HumanityMall.org may require the update of our software on your computer when a new version of the software is released or new features are available. This update or new download may occur automatically when you use HumanityMall.org services. Your continued use of the software will constitute consent to any revised terms listed in this document. HumanityMall.org is under no obligation to support the software. HumanityMall.org may at any time suspend or terminate this license and disable the software.
Restrictions You may not reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code of the HumanityMall.org software for any reason. You may not modify the software in any way. You may not rent, sell, lease, sublicense, distribute, assign, copy (other than a single copy for your own backup purposes), or in any way transfer the software or use the software for the benefit of any third party through any outsourcing or time-sharing arrangement or through the operation of any service bureau. You understand that the software is licensed not sold, the software and all rights not expressly granted herein are reserved to HumanityMall.org and its licensors, suppliers.
Voluntary Use The software automatically tracks your transactions using HumanityMall.org and third party cookies and reports such information to HumanityMall.org and its afiliate partners in order for you to obtain the benefits of HumanityMall.org services. Most afiliate partners have agreed to automatic processing via the software which causes the browser to be redirected through HumanitMall.org’s website and then on to the vendors site to allow affiliate cookies to be stored in the member’s browser for purchase tracking purposes. For affiliate partners which require positive confirmation of the member’s intentions, a drop down offer is presented to the member on the merchant partner site, which when clicked, causes the browser to be redirected through iGive’s web site and then on to the merchant site to allow affiliate cookies to be stored in the member’s browser for purchase tracking purposes. The software also communicates with iGive.com so that iGive.com may obtain certain information regarding your use of the service (such as IP address, type of browser, referring URL, and web pages visited) however such information generally does not include personally identifying information unless you have provided it to HumanityMall.org. Use of such information is subject to the HumanityMall.org0 Privacy Policy. Your use of the HumanityMall.org software and the service is voluntary. You may discontinue use and uninstall the software at any time. You understand that by uninstalling the software you will not be able to use it in conjunction with the HumanityMall.org service.
12. Tax Deductibility HumanityMall.org performs a service for its members, and is not qualified to offer tax advice on the deductibility of any donation made by the member. This service may allow the cash back provided by the vendor to the member to meet the structural qualifications of the IRS code, so that if donor and donee are qualified, the donation may be taken by the member. The cash back (of monies paid by the member to the vendor) provided by the vendor transfers to the control of the member, and the member voluntarily determines whether or not to donate that money, and whether or not to donate it to an organization to which donations are deductible, as defined by the Internal Revenue Service under § 170.
Donations resulting from activities other than purchasing are probably not deductible. ============================== STOP!!! Take a break! ==============================
13. Registration Bonus Any registration bonus and/or any other members’ bonuses are from shopping and other activities. Amounts you earn for your favorite cause from your shopping or other activity at HumaityMall.org will be collected & used for HumanityMall.org operations, members cash back payments & a 20% of earnings sent to your cause akong with any addisional donation a member may choose to add. You must remain an active HimanityMall.org member for at least three months after your initial registration in order for any initial donation or registration bonus to become effective.
14. HumanityMall.org This is a service that rewards shoppers, organization or cause selected by HumanityMall.org &/or by the member. By utilizing the site and service you agree to these terms and conditions.
15. Prohibited Uses and Access Methods The heart and spirit of HumanityMall.org is providing results that may include advertising messages to human beings who have a legitmate need for this service, apart from the desire to earn money for themselves & their cause. You agree that you shall do nothing that shall contravene this heart and spirit.
HumanityMall.org shall determine, in its sole and absolute discretion, uses and access methods it deems to be fraudulent or abusive. HumanityMall.org reserves the right to characterize any usage as fraudulent or abusive retroactively, and to reverse any earnings that result from prohibited activities.
16. Content not provided by HumanityMall.org You should be aware that Content presented to you as part of HumanityMall.org, including but not limited to advertisements and sponsored Content may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to HumanityMall.org (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by HumanityMall.org or by the owners of that Content, in a separate agreement. HumanityMall.org reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. For some of the Services, HumanityMall.org may provide tools to filter out explicit sexual content. In addition, there are commercially available services and software to limit access to material that you may find objectionable. You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk. You agree that you are solely responsible for (and that HumanityMall.org has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which HumanityMall.org may suffer) by doing so.
17. Funds Calculation and Disbursement The amounts members earn for themslves &/or their cause may be posted on the site. This amount will vary from time to time. Funds earned via HumanityMall.org are disbursed in accordance with the policies for funds earned by HumanityMall.org members from their shopping & sharing activities. Those policies are available at HumanityMall.org and may change at any time. However, while a HumanityMall.org member may earn funds from shopping, HumanityMall.org members (individuals) will not earn money from search activities.
18. Cause Listing Requirements Causes available for selection and support via HumanityMall.org are listed by HumanityMall.org members for their own and others’ benefit. Nonprofit organizations listed at HumanityMall.org have been listed by members for their own and other members’ use. A listing at HumanityMall.org is not an endorsement of HumanityMall.org by a nonprofit organization affiliate, nor an endorsement of a nonprofit organization affiliate by HumanityMall.org.
19. Exclusion of warranty Nothing in these terms, including this section, shall exclude or limit humanitmall.Org’s warranty or liability for losses which may not be lawfully excluded or limited by applicable law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.
You expressly understand and agree that your use of the services is at your sole risk and that the services are provided as is and as available.
In particular, himanitymall.Org, its subsidiaries and affiliates, and its licensors do not represent or warrant to you that (a) your use of the services will meet your requirements, (b) your use of the services will be uninterrupted, timely, secure or free from error, (c) any information obtained by you as a result of your use of the services will be accurate or reliable, and (d) that defects in the operation or functionality of any software provided to you as part of the services will be corrected.
Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by you from humanitymall.Org or through or from the services shall create any warranty not expressly stated in the terms.
Humanitymall.Org further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
20. Limitation of liability Subject to overall provision in paragraph titled exclusion of warranty above, you expressly understand and agree that humanitymall.Org, its subsidiaries and affiliates, and its licensors shall not be liable to you for;
(a) any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss;
(b) any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of(I) any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the services; (ii) any changes which humanitymall.Org may make to the services, or for any permanent or temporary cessation in the provision of the services (or any features within the services); (iii) the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the services; (iii) your failure to provide humanitymall.Org with accurate account information; (iv) your failure to keep your password or account details secure and confidential;
The limitations on humanitymall.Org’s liability to you in this section shall apply whether or not humanitymall.Org has been advised of or should have been aware of the possibility of any such losses arising.
21. Miscellaneous Provisions Sometimes when you use HumanityMall.org, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, these Terms do not affect your legal relationship with these other companies or individuals.
The Terms constitute the whole legal agreement between you and HumanityMall.org and govern your use of the Services (but excluding any services which HumanityMall.org may provide to you under a separate written agreement), and completely replace any prior agreements between you and HumanityMall.org in relation to the Services.
You agree that HumanityMall.org may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
You agree that if HumanityMall.org does not exercise or enforce any legal right or remedy which is contained in the Terms (or which HumanityMall.org has the benefit of under any applicable law), this will not be taken to be a formal waiver of HumanitMall.ord’s rights and that those rights or remedies will still be available to HumanityMall.org.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
You acknowledge and agree that each member of the group of companies of which HumanityMall.org is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
The Terms, and your relationship with HumanityMall.org under the Terms, shall be governed by the laws of the State of California without regard to its conflict of laws provisions. You and HumanityMall.org agree to submit to the exclusive jurisdiction of the courts located within the county of Santa Cruz, California to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that HumanityMall.org shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
These Terms of Service, the last major update was on 60716 to provide more information about tracking cookies. A minor update occured on 060716 to change the permission to inform a member’s cause of the member’s participation from opt-in to opt-out.